Which Kinds of Couples Should Steer Away from Collaborative Divorce?

Collaborative divorce is a great option for divorcing couples who are willing to work together to reach appropriate divorce solutions for their unique circumstances. When a couple chooses collaborative divorce, they can save a lot of money and get through the divorce process with minimal stress.

But collaborative divorce is not the right choice for everybody. Some couples simply are not suited to the more freeform structure that comes with collaborative divorce, and these couples are typically best served by litigation or mediation.

Couples who Cannot Communicate Effectively

Successful collaborative divorce hinges on a couple’s ability to communicate with each other effectively. When the partners cannot communicate in a constructive, respectful manner, there is no way for them to reach agreements about their divorce order.

Couples with a History of Domestic Violence

When one partner has a history of abusing the other, collaborative divorce is not the right choice. Even if the abuse happened long in the past, lingering fear, resentment, and a power imbalance make it impossible for the couple to work together in a productive way that serves both parties’ needs.

Couples who Do Not Trust Each Other

Similar to couples who cannot communicate effectively, couples who do not trust each other are not suited to collaborative divorce. After all, if an individual does not trust his or her spouse to be upfront about the state and value of their marital assets, how can he or she expect to have a constructive conversation about them? An individual who suspects his or her spouse is hiding assets may enlist a forensic accountant to locate any hidden assets to ensure they are accurately divided.

Sometimes, outside professionals have to get involved in a divorce to help the couple reach appropriate determinations, like valuing their home so the couple can decide whether to sell it or have one partner buy out the other’s share of its value. This is not the same as needing a forensic accountant to uncover hidden assets ”“ any time there is deception or even suspected deception at play in a divorce, the couple should not choose a collaborative divorce.

Couples who Need Structure and Guidance from the Court

Sometimes, even couples who can work together want the additional support and structure that the courtroom brings. These couples might choose to have the court determine every part of their divorce or just the parts where they cannot reach their own agreement, like their child custody order.

Work with an Experienced Denver Collaborative Law Attorney

Collaborative divorce is not for everybody. If you are not sure if collaborative divorce is for you ”“ or if you are certain that it is or is not the right choice for your divorce ”“ schedule your initial legal consultation with an experienced Colorado divorce lawyer today to learn more about your rights and legal options. Our team at Divorce Matters is here to help you take control of your divorce and move forward in a productive manner.

Is a Collaborative Divorce Right for Me?

A divorce does not always have to result in the courtroom drama. More and more couples are choosing to settle their differences outside of court and come to an agreement on key issues through a process called collaborative divorce.

A collaborative divorce is similar to mediation, with both parties looking to settle outside of court. Both parties are looking to reach a settlement on their own, rather than go through litigation. However, each party is represented by a lawyer, who is available to offer advice and helps the parties reach an agreement. If the process is not working, however, the lawyers must withdraw. The parties must then choose new lawyers and go through a traditional divorce.

A collaborative divorce is a good choice for couples who are willing to cooperate. However, divorce brings out heightened emotions, and if working together with your spouse doesn’t sound possible, a collaborative divorce probably may not work for you.

If you’re considering divorce, you may be wondering if a collaborative divorce is right for you. Read on to learn about the pros and cons.

Benefits of a Collaborative Divorce

A collaborative divorce offers many benefits. It is quick since you and your spouse can control how long it will take and don’t need to wait for a court date.  It is more affordable than a traditional divorce since you will not need to pay court fees. It’s also efficient and more equitable since you and your spouse can decide on asset division and other terms. You can control the outcome and have an amicable divorce, which is a good idea if you have children and want to minimize the impact.

Disadvantages of a Collaborative Divorce

A collaborative divorce is not for everyone. Most couples divorce because they cannot get along, so a collaborative divorce is unlikely to work. There is also the concern that in a collaborative divorce, cases of domestic violence, mental illness and substance abuse will go unnoticed. People in these categories are often unable to make sound decisions, so this could lead to one party receiving a greater share of the assets.  

In a collaborative divorce, both spouses must disclose all assets and debts. Many people hide larger assets so they cannot be split in a divorce, so this can be an issue. Both spouses also must work to communicate in an open and honest manner. However, a lack of honesty is often what leads spouses to divorce in the first place. A collaborative divorce requires you to work with””not against””your spouse, which is easier said than done.

Seek Advice from an Experienced Denver Collaborative Divorce Attorney

A collaborative divorce can be beneficial for many divorcing couples, but it’s not the ideal solution for everyone. The Denver collaborative law attorneys at Divorce Matters can determine if this solution is right for you. Collaborative law has its limits, but if you want to avoid going to court and feel that you and your spouse can agree on key issues, it may work for you. To learn more about the process and more about family law in Colorado, contact us at (720) 408-7469.